scholarly journals From Foreign Text to Local Meaning: The Politics of Religious Exclusion in Transnational Constitutional Borrowing

2020 ◽  
Vol 45 (4) ◽  
pp. 935-964
Author(s):  
Matthew J. Nelson ◽  
Aslı Bâli ◽  
David Mednicoff ◽  
Hanna Lerner
Keyword(s):  
Comparative Politics ◽  
Constitutional Law ◽  
The Political ◽  
Political Actors ◽  
Political Processes ◽  
Comparative Constitutional Law ◽  
Sociolegal Studies ◽  
Foreign Text ◽  
Local Meaning ◽  
State Relations

AbstractConstitutional drafters often look to foreign constitutional models, ideas, and texts for inspiration; many are explicit about their foreign borrowing. However, when implemented domestically, the meaning of borrowed elements often changes. Political scientists and scholars of comparative constitutional law have analyzed the transnational movement of constitutional ideas and norms, but the political processes through which the meaning of foreign provisions might be refashioned remain understudied. Sociolegal scholars have examined the “transplantation” and “translation” of laws and legal institutions, but they rarely scrutinize this process in the context of constitutions. Drawing on an examination of borrowed constitutional elements in four cases (Pakistan, Morocco, Egypt, Israel), this article builds on research in comparative politics, comparative constitutional law, and sociolegal studies to provide a nuanced picture of deliberate efforts to import “inclusive” constitutional provisions regarding religion-state relations while, at the same time, refashioning the meaning of those provisions in ways that “exclude” specific forms of religious, sectarian, doctrinal, or ideological diversity. Building on sociolegal studies regarding the translation of law, we argue that foreign constitutional elements embraced by politically embedded actors are often treated as “empty signifiers” with meanings that are deliberately transformed. Tracing the processes that lead political actors to engage foreign constitutional elements, even if they have no intention of transplanting their prior meaning, we highlight the need for detailed case studies to reveal both the international and the national dynamics that shape and reshape the meaning of constitutions today.

Information Component of Disintegration Processes in Spain and Great Britain: the Comparative Aspects

2019 ◽  
pp. 142-154
Author(s):  
Vasyl Karpo ◽  
Nataliia Nechaieva-Yuriichuk
Keyword(s):  
World War I ◽  
Practical Interest ◽  
Political Influence ◽  
World Politics ◽  
The Political ◽  
Political Actors ◽  
Political Propaganda ◽  
Political Processes ◽  
The World ◽  
Ancient Times

From ancient times till nowadays information plays a key role in the political processes. The beginning of XXI century demonstrated the transformation of global security from military to information, social etc. aspects. The widening of pandemic demonstrated the weaknesses of contemporary authoritarian states and the power of human-oriented states. During the World War I the theoretical and practical interest toward political manipulation and political propaganda grew definitely. After 1918 the situation developed very fast and political propaganda became the part of political influence. XX century entered into the political history as the millennium of propaganda. The collapse of the USSR and socialist system brought power to new political actors. The global architecture of the world has changed. Former Soviet republic got independence and tried to separate from Russia. And Ukraine was between them. The Revolution of Dignity in Ukraine was the start point for a number of processes in world politics. But the most important was the fact that the role and the place of information as the challenge to world security was reevaluated. The further annexation of Crimea, the attempt to legitimize it by the comparing with the referendums in Scotland and Catalonia demonstrated the willingness of Russian Federation to keep its domination in the world. The main difference between the referendums in Scotland and in Catalonia was the way of Russian interference. In 2014 (Scotland) tried to delegitimised the results of Scottish referendum because they were unacceptable for it. But in 2017 we witness the huge interference of Russian powers in Spain internal affairs, first of all in spreading the independence moods in Catalonia. The main conclusion is that the world has to learn some lessons from Scottish and Catalonia cases and to be ready to new challenges in world politics in a format of information threats.

‘Depoliticisation’ in the Reform of the Panamanian Security Apparatus

2007 ◽  
Vol 39 (1) ◽  
pp. 107-132 ◽  
Author(s):  
CORINNE CAUMARTIN
Keyword(s):  
Transition To Democracy ◽  
The Political ◽  
Reform Process ◽  
Police Reform ◽  
Security Forces ◽  
Political Actors ◽  
Political Role ◽  
Political Processes ◽  
Us Military ◽  
The Us

This article examines the unusual public security reform process that took place in Panama in the wake of the US military invasion of December 1989. The changes to the Panamanian security forces that ensued were in equal part a ‘demilitarisation’ process, a police reform and an (imposed) transition to democracy where the political domination of the Panamanian security forces came to an abrupt end. Deploying the concepts of demilitarisation, professionalisation and depoliticisation, the article evaluates the political role and activities of police forces and the nature of their relationship with the main Panamanian political actors through to the present Torrijos administration. It then assesses the implications for wider political processes, suggesting that explanations for the success or failure of reform are unlikely to be found in the examination of the design and implementation of the reform itself, but that broader political processes must be analysed in order to understand the dynamic that underpins it.

The Sound of Constitutional Silence

City, State ◽  
2020 ◽  
pp. 17-50
Author(s):  
Ran Hirschl
Keyword(s):  
Collective Identity ◽  
Constitutional Law ◽  
Political Discourse ◽  
Public Law ◽  
The State ◽  
The Political ◽  
Human Sciences ◽  
Comparative Constitutional Law ◽  
Spatial Governance ◽  
Constitutional Discourse

This chapter examines four introductory dimensions of the political and constitutional discourse around cities. The first is the tremendous interest in cities throughout much of the human sciences as contrasted with the silence of public law in general, and of comparative constitutional law in particular. Next, the chapter takes a look at the dominant statist stance embedded in constitutional law, in particular as it addresses sovereignty and spatial governance of the polity. A brief account of what national constitutions actually say about cities, and more significantly what they do not is then given. Finally, the chapter turns to the tendency in political discourse on collective identity to understand the “local” almost exclusively at the national or regional levels, rather than distinguishing urban interests from those of the state. Taken together, the four angles of city constitutional (non)status examined here highlight the bewildering silence of contemporary constitutional discourse with respect to cities and urbanization, as well as the strong statist outlook embedded in national constitutional orders, effectively rendering the metropolis a constitutionally non-tenable entity.

Response to Howard and Walters

2014 ◽  
Vol 12 (2) ◽  
pp. 413-414 ◽  
Author(s):  
Ellen Lust
Keyword(s):  
Comparative Politics ◽  
Arab World ◽  
Authoritarian Regimes ◽  
Regime Type ◽  
Mass Mobilization ◽  
Political Processes ◽  
Recent Scholarship ◽  
Wide Range ◽  
Critical Problems ◽  
State Relations

This response points to three critical problems in Explaining the Unexpected. First, the authors' contention that scholars ignored “everyday contestation,” including changing citizen-state relations, emerging venues of political participation, and the potential for mobilization, is based on a selective reading of the literature on politics in the Arab world before 2011. Second, their assertion that existing paradigms hindered scholars' ability to understand change mischaracterizes the literature on enduring authoritarianism. Scholars did not argue that regime breakdown was impossible before 2011 but rather sought to understand why authoritarian regimes were sustained. Long before the uprisings, they recognized the factors that could make breakdown possible. Third, Howard and Walters' conclusion that Middle East scholars' fundamental paradigms and their focus on regime type will lead them to treat “utterly remarkable waves of mass mobilization as politically inconsequential” is misplaced. The literature has and continues to explore a wide range of issues that extend far beyond democratization, and recent scholarship has examined varied aspects of the diverse political processes and outcomes witnessed since 2011. Explaining the Unexpected misses the mark on many points, but it does provide a useful platform for scholars to reflect on problems facing comparative politics. These include the blinders resulting from the normative biases underpinning the discipline and the need for a nuanced discussion about how, and to what extent, scholars facing rapid, regional transformations can learn from the study of similar experiences in other regions.

scholarly journals Political Process For Preparation Of Seated Island Regions As A Government Of Sebatik City ( 2006-2012) Nunukan Regency

2019 ◽  
Vol 2 (2) ◽  
pp. 210
Author(s):  
Didi Febriyandi
Keyword(s):  
Data Collection ◽  
Political Process ◽  
Secondary Data ◽  
Primary Data ◽  
The Political ◽  
Structured Interviews ◽  
Expansion Process ◽  
Political Actors ◽  
Political Processes ◽  
High Level

This paper looks at how the political dynamics that occurred in the Sebatik City expansion process in 2006-2012. The process of regional expansion can be understood as a political phenomenon by involving long administrative and political processes. This paper focuses on looking at political aspects so that it discusses in detail the interests of actors and how these actors articulate their interests. The research method used is descriptive qualitative. Primary data collection techniques are done through observation, structured interviews. For secondary data collection is done by documentation and library techniques.The results showed that the political process is complicated because it involves many interests of political actors making the Sebatik City expansion not realized until now. Although academic studies declared eligible and supported by the majority of Sebatik Island, high-level negotiations-negotiations have failed to realize Sebatik as Daera h Autonomy New (DOB). The political process that occurred did not create a consensus so that there was a conflict of interests that ultimately made the Sebatik City Expansion process hampered. Key Words: decentralization, regional autonomy, outer islands, division

scholarly journals The efficiency of communication strategies of politically oriented communities on the Internet

2021 ◽  
Vol 14 (2) ◽  
pp. 155-170
Author(s):  
Darya I. Judina ◽  
◽  
Sergei A. Ivanov ◽  
Keyword(s):  
Political Communication ◽  
Communication Strategies ◽  
Political Activity ◽  
The Political ◽  
The Internet ◽  
Political Actors ◽  
Political Processes ◽  
Political Identification ◽  
Internet Users ◽  
High Level

The Internet as a special space for political activity and political communication is becoming more and more attractive to political actors. The intensification of political activity on the Internet leads to the increase of researchers’ interest. One of the prominent areas of this research is the analysis of the efficiency of communication strategies used by politically oriented communities on the Internet. The results of such assessment contribute to, in particular, characterizing the level and features of the political engagement of Internet users into political processes. To study these processes, a telephone survey of residents of St. Petersburg was conducted. St. Petersburg was chosen because it is one of the largest cities in Russia with high Internet coverage and a high level of political activity compared to other regions. The results showed that politically oriented communities effectively implement primary communication strategies — information and presentation. More than two-thirds of politically active Internet users in St. Petersburg noted that visiting the relevant resources helped them to understand the political situation, to define their attitude toward parties, politicians, social movements and organizations. At the same time, the strategy of supporting political identification has not yet worked for the majority of users. Perhaps this is a consequence of the fact that the majority of St. Petersburg citizens have not yet found appropriate political leaders and organizations. The authors found that the majority of Internet users display an interest in politics permanently, and not only during the pre-election period. The hypothesis that one of the factors of an efficient strategy of politically oriented communities is emphasizing anti-power positions was confirmed. The survey results also confirmed the high level of opposition views among Internet users.

Semi-Presidentialism

2020 ◽  
pp. 314-338
Author(s):  
Sophie Boyron
Keyword(s):  
Comparative Politics ◽  
Early Identification ◽  
Constitutional Law ◽  
Regime Type ◽  
Fifth Republic ◽  
Comparative Constitutional Law ◽  
The World ◽  
Presidential Regimes

This chapter discusses semi-presidentialism, a relative newcomer to the disciplines of both comparative constitutional law and comparative politics. It first retraces the early transformation of the regime of the French Fifth Republic from parliamentary to semi-presidential regime. Secondly, the chapter analyses the early identification of this regime type and the difficulties encountered in defining it. The attempts to assess this regime are then examined. Afterwards, the chapter sketches the migration of semi-presidentialism around the world so as to understand its present spread. Finally, it suggests broadening the basis for the classification of semi-presidential regimes by highlighting the key role played by institutions other than the executive and legislature.

scholarly journals El aforamiento de los cargos públicos. Derecho español y derecho comparado. = The Public Office´s legal Inmunity. Spanish law and Comparative Law

2015 ◽  
pp. 437
Author(s):  
María Luz Martínez Alarcón
Keyword(s):  
Social Context ◽  
Constitutional Law ◽  
Comparative Law ◽  
The Political ◽  
The Public ◽  
Spanish Law ◽  
Head Of State ◽  
Comparative Constitutional Law ◽  
The Government ◽  
Specific Country

The number of aforados has been discussed in recent times in Spain. Most authors, after saying that this procedural exception exists only exceptionably in the Comparative Constitucional Law, request a substantial decrease of its figure in our country. However, this research of Comparative Constitutional Law reveals that the aforamiento is usual in relation to the Head of State and the Government members in the European constitutionalism. By contrast, the parliamentary aforamiento is an exceptional situation. Anyway, the Comparative Constitutional Law, although useful, should not be decisive in order to take decision about the future of this privilege in our country. In this regard, it is absolutely necessary to take into account its objectives and the causational and proportionately relationship between the adopted measure (aforamiento)and the achievement of those objectives in the political, institutional and social context of the specific country. And the truth is that the arguments to justify this institution, an exception to the principle of equality, are certainly weak.El número de aforados en nuestro país ha sido objeto de una fuerte polémica en los últimos tiempos en España. La mayoría, tras afirmar que esta institución se prevé de forma absolutamente excepcional en los países con los que compartimos una tradición jurídica común, solicita una reducción sustancial de esta cifra. Sin embargo, este análisis de derecho constitucional comparado revela que el aforamiento es una práctica habitual con relación a los Jefes de Estado (en el marco de una responsabilidad, eso sí, muy limitada) y a los miembros de Gobierno en el constitucionalismo europeo. Sí que es excepcional, sin embargo, el aforamiento parlamentario. En todo caso, el recurso al derecho comparado, aunque útil, no debe ser el elemento decisivo en la decisión sobre el futuro de esta institución en nuestro país. En este sentido resulta inexcusable tomar en consideración los fines pretendidos por la misma y la relación de causalidad y proporcionalidad existente entre su previsión y la consecución de dichos fines en el marco político, institucional y social del país de referencia en el que se inserta. Y lo cierto es que los fundamentos para justificar su presencia en nuestro país son un tanto endebles para conducir, como conducen, a limitar el principio de igualdad ante la ley.

Policy analysis, the political game and institutional change in the labor market

2017 ◽  
Author(s):  
Graciela Bensusan ◽  
Ilan Bizberg
Keyword(s):  
Decision Making ◽  
Policy Analysis ◽  
Public Policies ◽  
The Political ◽  
Institutional Changes ◽  
Political Actors ◽  
Political Processes ◽  
Design And Implementation ◽  
Rules Of The Game

This chapter analyses two public policy cases: The most recent labour and educational reforms in Mexico. It focused on these two cases because they show the interplay and decision making of social and political actors framed in a corporatist arrangement and its consequences on the design and implementation of public policies. The chapter is organized as follows: First, it presents an analysis of each of the abovementioned public policies and their institutional changes. It then studies the political processes through which the decisions were made, taking into account what was at stake, the actors involved, the scenarios and the rules of the game. The chapter then discusses the way in which all these factors influenced the quality of policy analysis, the implementation of the policies adopted and the manner in which corporatism diminished their effectiveness, credibility and permanence.

Legitimate and Illegitimate Political Self-entrenchment and Its Impact on Political Equality

ICL Journal ◽  
2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Antonios Kouroutakis
Keyword(s):  
Political System ◽  
The Political ◽  
Barriers To Entry ◽  
Political Arena ◽  
Political Equality ◽  
Liberal Democracies ◽  
Political Actors ◽  
Political Processes ◽  
Playing Field ◽  
Constitutional System

Abstract Self-serving politicians and self-entrenchment of the political establishment is a diachronic problem tantalizing liberal democracies. Incumbent political actors around the world constantly purport to entrench not only their presence in the political arena, but also their power and as a result, barriers to entry to new political actors are set, the chain of the democratic choice is disrupted and equality of opportunity is distorted. This article focuses on the available means in the constitutional system in order to safeguard a level playing field in the political arena. To this end, this article has three scientific objectives. First, it elaborates on the significance of equality of opportunities in the political system. Second, it identifies how political self-entrenchment creates an uneven playing field. Third, it focuses on the remedies that exist in the constitutional system and examines both legal and quasi legal mechanisms. With an analysis on the current means that are available in the constitutional system, the judicial review, and the alternative political processes based on independent bodies and quasi-judicial mechanisms, this article concludes that self-entrenchment and self-serving politicians are mainly left to be resolved by political means, the so called self-corrective promise of politics.

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